MEDIATION

Mediation: an alternative to family fights.
We understand that a death in the family can release emotions and open the floodgates to fighting about past wrongs and slights, perceived or real. The allegations typically present in a will contest or fiduciary litigation – that a family member intentionally misled a loved one to change their Will, or spent money that wasn’t theirs to spend – don’t make family harmony any easier.

Months, years, and even decades later, who wins this family fight? Frequently, no one but the lawyers because protracted estate and fiduciary litigation doesn’t come cheap.

While it’s not easy to sit in a room with a family member who’s hurt you, there’s something worse out there: endless, expensive and emotionally-exhausting litigation.

There is a better way to resolve estate and trust disputes – mediation. It saves time, money, and family harmony. By giving everyone a seat at the table, the anger and lasting bitterness that often accompanies litigation can be minimized or even avoided.

A good mediator can can help all parties involved through the process and find ways to settle the estate before it is gone. After all, most people do not really want to leave their legacy to the lawyers.

So, before going to trial with the people you shared a room with, consider going to mediation.

Why choose us?
Our firm is particularly suited for mediating cases. For starters, Mandy Moyer is the oldest of nine children, the product of four separate marriages. (Mom’s been married twice, and Dad’s been married three times.) She understands the dynamics of a blended family intimately, because she’s part of one.

Then there’s the fact that Mandy Moyer has over ten years experience utilizing mediation skills to resolve disputes in both professional and personal settings.

She’s also well-versed in the alternative to mediation: litigation. Her experience as staff attorney and chief deputy clerk in the Forsyth County Probate Court as well as her role as counsel in many litigated cases means she knows exactly what it’s like to litigate an estate (or guardianship) case. She shares that knowledge with her mediation clients, so they are sure to appreciate the alternative offered by mediation.

Finally, unlike many other mediators, she specializes in estate and trust law. So, she understands who has the stronger case, and who has the better chance at trial. Positions matter in mediation, and Mandy understands that, and will help family members understand it, too.

When to mediate:

Here are some common cases where our mediation services can help:

• Adult children, and a second marriage. “Sweetheart” Wills leaving everything to the spouse don’t work well in theses cases, even when the deceased person believed that his spouse would do right by his kids.

• Disinherited children. When a child is intentionally left out of a Will, there’s usually a reason. But that reason doesn’t stop the child from suing the estate for his or her share.

• Unequal treatment of children. When one child receives a windfall and the other a pittance, feelings are inevitably hurt. Sibling rivalry makes for particularly nasty litigation.

• Child as a caregiver. When Mom needs help managing her own affairs, and only child steps up, turmoil frequently follows. Whether there are worries about whether the finances are on the up-and-up, or frustrations about being the sole caregiver despite there being other siblings that could help, tensions run high as Mom’s health fails and following her death.

• The procrastinating executor. Nothing raises more questions and creates more suspicion than…. well, doing nothing. Failing to act and failing to communicate with heirs and beneficiaries results in frustration, impatience, and frequently, litigation.